Tips for Employers to Keep Pre-Employment Background Checks Legal
Updated: Dec 11, 2021
Employers, big and small, generally conduct some sort of background check or vetting program prior to hiring a new employee. Here are a few tips to consider when hiring and vetting new employees:
- Use a third party to conduct any social media checks for legal reasons.
- Advance permission in writing must be obtained from the candidate prior to screening.
- Screen all candidates for all jobs to avoid issues with discrimination.
- A background check should be one of the last pieces in the hiring process as part of a conditional offer as to not exclude anyone from consideration.
- Be sure to review local laws regarding asking about criminal convictions and ban the box laws. Certain states also have rules about how many years a criminal check can go back. Seven years is a common limit in many states.
- Consider whether or not a credit check would be pertinent to the candidate's position. Usually credit checks are typically used for candidates working with the company's finances which require a certain level of trust within the organization. FCRA laws must be followed when credit reports are involved.